With some exceptions, you can fire an employee for what they say if you feel it reflects poorly on your company. It may also be so offensive or crude you don’t want the person associated with your company. Whether the post is worth a warning, discipline, or firing depends on applicable law, you, and your human resources policies (assuming you have them) as a business litigation lawyer can share.
What Are The Rules?
They vary from state to state. But generally, you can hire and fire someone without notice, and they can quit at any time without notice.
If you’re a government entity and the employee is exercising their First Amendment right to protected speech (not all speech is protected), firing the person is more complicated. It’s also more complex if an employment contract is involved. Firing someone in violation of a contract can get you sued.
Firing could be the basis of a discrimination complaint if the social media-related justification isn’t consistently used. Male and female employees post A on social media. Firing one but not the other may result in a discrimination lawsuit as our friends at Focus Law LA can explain.
If you read a social media post where the person discusses a disability you didn’t know about or the fact the person is in a same-sex relationship or married to someone of another race, and these topics are why you fire them, you can (and should) be sued for discrimination.
Employees are free to discuss their pay and terms and conditions of employment with others, even if you have a policy against that. You may violate the National Labor Relations Act by firing such a person because of a post with this information.
How Can A Social Media Post Harm My Business?
If an employee publicly posts something that harms your company it can be a valid reason to fire them.
Something posted online may be retrievable even if it’s been “deleted” from a particular platform. Someone searching for something like it may find it. Once it’s out there don’t count on pulling it back.
Your employee may say something bad about your company, customers, or co-workers. Whether it’s true is one thing, but your concern is the harm it may do. You’re trying to retain customers and develop new ones. You also want to attract quality job applicants. Negative posts by an employee won’t make either easier.
The employee may say something negative about a competitor or their employees. That doesn’t make your business look professional. Depending on what’s said and by whom, it may also lead to a libel action by the other party.
The employee may discuss confidential information you don’t want released. It may be about potential customers you plan to target, marketing plans you’re working on, product defects that were found, or that your company is planning layoffs. It’s no one else’s business, and you don’t want everyone to know about these topics.
The post may be about highly personal, very embarrassing things about a coworker. You don’t want employees to trash each other under any circumstances. It’s especially damaging and potentially workplace poisoning if it’s done publicly.
What Should I Do If My Employee Voices Repulsive Views On Social Media?
You thought the employee was a great guy when you hired him. He made a good presentation, had a solid work history, needed skills, and a sense of humor. Later, his social media posts are brought to your attention. He’s also a rabid antisemite and discusses how minorities are poisoning the country and his violent fantasies about women.
If the person is widely known or an important, visible employee, these opinions could harm your company’s brand and reputation. If they’re not in management or playing a key role, if other employees read these posts, it may negatively impact the workplace.
Even if it’s just the fact you find the employee’s views personally repulsive, because you can fire someone for any reason (as long as it doesn’t violate the law), these social media posts can be the basis for his firing.
If you have any questions about the legality of disciplining or firing an employee, discuss the situation with your attorney. They may point out issues you need to address to reduce the risk of legal action if the person is let go.